© Copyright September/October 2011 Defining “Resident” in Personal Lines Page 17 Page 24 What is Diminution in Value Claim and is the Owner of a Vehicle Entitled to that Damage? In today’s electronic age, it is astonishing how much information is available on any subject. If you have an accident in your vehicle and an insurance claim is paid . . . that information is now in a database that anyone with a few dollars can access. Regardless of how well the repairs are done, the stigma of your vehicle will be that it was involved in an accident and possibly less reliable than it was prior to the collision. If you trade in your vehicle for a new one, you will find that in most cases the dealership will run a report to see if the vehicle has ever been involved in a collision resulting in an insurance company payment. Once this is known, it can have a significant amount of impact on the “trade-in value” of your car. Although the at fault party’s insurance company paid you to have the vehicle repaired, and even if the sharpest eye can’t see the repairs, the market value of a vehicle can be much less than if it were not involved in an accident. The reduction in value caused by the stigma of the vehicle being involved in an accident is called Diminution in Value. When dealing with third-party claims, some insurance companies recognize this loss and will gladly pay the vehicle owner for the lost “resale” or “current” value. Others have argued there is no clear case law in Arizona addressing this issue, and since they have restored the vehicle to “like new” condition, they have no further obligation. In July 2011, the Arizona Court of Appeals (Division One) ruled that the loss of resale value of a vehicle resulting from an accident is recoverable in third-party claims. (NOTE: This discussion of Diminution in Value Claims is applicable only in liability losses – not first party collision claims.) In Oliver v. Henry (1 CA-CV 10-0701), the Appeals Court recognized “Diminution in Value” as the measure of damages the difference in the value of the property immediately before the accident and the value of the vehicle immediately after the vehicle’s repair. In this specific case, they established that the “trade in” value of his vehicle at a dealership was $8,000 less than if the vehicle had not been involved in the accident. Even though Mr. Oliver had no intention to sell the vehicle immediately – he argued that he was entitled to the $8,000 because it was a real and definable difference in value resulting from the accident. © Copyright How to Keep Your CSRs Motivated Arizona Roads Less Deadly Page 30 October 25, 2011 CISR Conferment Ceremony Luncheon Wrigley Mansion—Phoenix October 26-28, 2011 CIC Commercial Property Institute Fiesta Resort—Tempe November 3, 2011 CISR Conferment Ceremony Dinner Savoy Opera House—Tucson November 18, 2011 IIABAZ Board Meeting ITEC Classroom—Phoenix November 24-25, 2011 Thanksgiving Day & Post-Thanksgiving Day IIABAZ Office Closed It is rather easy to establish the dollar amount it will cost to repair a vehicle, however, it takes special knowledge to estimate the “reduced value” to a repaired vehicle. Some insurance companies have willingly hired consultants to calculate the “diminished value” while others have relied on input from local dealerships. Yet still, some insurance companies (such as in this case) have denied any legal responsibility for the reduced value. Of course, there will continue to be arguments, and no doubt litigation, over how to determine the “amount” of loss resulting from diminished value. I’m sure there will remain enough confusion on how to determine “before loss” versus “after loss” values to keep the legal profession gainfully employed for many years. If you would like a copy of this decision, please go to our website at www.iiabaz.com under Government Affairs, then Court Cases. Author: Lanny L. Hair, CIC, RPLU, ARM, AAI—IIABAZ Executive Vice President Independent Insurance Agents and Brokers of Arizona, Inc.’s News & Views Page September / October 2011 Edition Book of Business: Successful young Arizona agent interested in purchasing a small P&C book of business, a combination of Commercial and Personal Lines is desired. Please contact jim@slins.com Free Member Access to Best Practices Study: Big “I” members can link to the Best Practices Gateway to browse the latest research on top-rated agencies, rank their performance against the Best Practices agencies, download useful tools to improve performance and share their opinions and experiences on a variety of agency management issues. The Gateway also provides a performance quick check that lets members compare their agency’s performance in seven areas critical to agency value, and to obtain an overall performance score. The Gateway even provides a tool kit that allows members to review other Best Practices resources addressing a variety of agency management topics such as procedures/workflows, sales Development, leadership, team building, customer service and more. To access the Best Practices Gateway, visit www.independentagent.com, select “Best Practices” and “Best Practices Gateway”. For questions or comments, please contact bestpractices@iiaba.net. INSIDE THIS EDITION Diminution In Value Cover Sales And Servicing Strategies to Grow Your Agency’s Business Page 3 If Producers Could Produce.... Page 8 Flood Insurance Reform and Modernization Act Update Page 11 IIABAZ Moves to Resolve Issue with Office of Pest Management Page 11 Arizona’s Outstanding CSR of the Year is... Page 13 Unitrin Changes Name to Kemper Page 14 National Debt Ceiling and Other Economic Musings Page 16 Who is a “Resident” Under a Personal Lines Policy? Page 17 Does 2 + 8 + 9 = 1? Page 20 Driving-Related Deaths Show Declining Trend In Arizona Page 24 Sell More and Build Relationships Through Better Eye Contact Page 25 IIAB of Arizona Membership Has Its Privileges Page 26 “Insuring Public Entities”—A Risk Management Approach Page 26 ACORD and Notices of Cancellation Page 28 Experts Provide Insight on Agency Valuation Page 29 Four Ways to Motivate CSRs Page 30 Advertisements Acuity American Summit Insurance Company AmTrust North America Austin Mutual Insurance Company The E&O Department Freedom National Insurance Services Guard Insurance Group Mercury Insurance MexiPass International Insurance Services Pekin Insurance Preferred Property Program Risk Placement Services SECURA Insurance Companies Transwestern General Agency © Copyright Page 27 Page 22 Page 12 Page 31 Page 7 Page 23 Page 9 Page 24 Page 2 Page 10 Page 2 Page 6 Page 3 Page 13 Independent Insurance Agents and Brokers of Arizona, Inc.’s News & Views Page 2 September / October 2011 Edition © Copyright Independent Insurance Agents and Brokers of Arizona, Inc.’s News & Views Page 3 September / October 2011 Edition Recent research offers invaluable insights about what drives personal lines consumers to choose particular providers for insurance, what’s important to them in making their decisions and how they want their insurance providers to interact with them. This article pulls relevant consumer data from five different studies and then outlines how independent agencies might use this data to enhance their personal lines operations and strategies to attract and retain today’s changing consumer and compete effectively with the direct carriers and others. Recent consumer studies provide several insights that can be helpful to independent agencies to attract new personal lines business, as well as to retain current clients. In my article last issue, I cited some of the findings in these studies to outline how independent agents can use the technology tools now available to them to attract online auto insurance shoppers and offer them a better value proposition than the direct carriers. Below, I drill down further into the comScore and J.D. Power & Associates research to ferret out additional trends in automobile and property insurance consumer preferences and behavior that independent agencies can use to gain competitive advantage. Consumer Reasons for Buying Direct or Through an Agent What struck me about the comScore research was that the reasons given by most consumers for buying from an online carrier rather than through an agent were not very compelling and could be effectively overcome by agencies if they were to use available online tools and were able to get across their “value add” message to consumers while they are in the shopping process. The top five reasons given by consumers for not using a local agent were: I found it more convenient to use a website or 24 hour toll free number—29% It was faster to purchase online or via a toll free number—28% I got a quote online and decided to purchase online—26% I prefer to use a website or toll free number—20% It was cheaper to purchase online or via a toll free number—20%. In contrast, the top reason given by consumers who buy through an agent would be difficult for the direct carriers to match: I like having a real person who I can visit with or call—39%. Followed by: I have always used a local agent—31% The local agent quoted me the best price—28% I wanted a local agent from one company to help me with all my insurance needs—25% Recommended by a family/friend—23% Based upon this research, as well as comScore’s additional finding that 81% of the consumers who use an agent find their agent to be valuable, it is no wonder consumers insuring through an agent are more loyal than consumers who use a direct carrier (70% of online purchasers are seriously considering changing their insurance company, compared to 50% of those with a local agent). © Copyright While most agency clients value the relationship they have with their agent, their loyalty goes only so far. Client shopping has hit unprecedented levels, even for agency clients, as every independent agent knows. In addition, as consumers get more comfortable doing business online in other areas, they are increasingly willing to try new distribution methods for insurance as well. For example, in 2011, the percentage of agency clients “not likely” to consider using a distribution method other than a local agent (online, toll free number) was down to 25% (versus being “likely” or “neutral”); the “not likely” percentage having been 34% in 2009. Communicate Pro-actively & Regularly with Clients A major way for agents to keep clients loyal to them is to communicate with them regularly. When agents interact with their clients often (monthly) or even rarely (a few times a year), the percentage of clients “not likely” to consider an alternate distribution method rises to 26-27%, whereas if the agent never contacts the client, the percentage “not likely” to consider another distribution method drops to 17%. Similarly, J.D. Power & Associates found in its research that day to day policy service interactions “most influence a customer’s overall satisfaction with their insurer, and hence their likelihood to both renew their policy and recommend their insurer to others. One would expect this finding to apply equally to the client’s satisfaction with the agent. Agencies should use each pro-active outreach to clients and each service interaction to communicate and live the agency’s “brand” to reinforce it with their clients. Every agency employee should be trained to clearly articulate the agency’s special “value add” succinctly and to understand what “living” the brand entails. Agencies will strengthen their client relationships in this way, as well as counter the direct carriers’ efforts to neutralize the agent’s value proposition. The direct carriers understand that many consumers want to deal with a real person in certain situations. This is why GEICO has appointed employee agents in various areas and Esurance has introduced an advertising campaign touting the availability of a person when wanted to supplement the online options it offers. Offer the Communications Options Clients Want One of the major findings of the research is that clients are now in the driver’s seat and they increasingly expect their agent and carrier to be able to interact with them via the channels they use in everyday life. We have seen that this means that direct carriers offer some option for consumers to deal with a “real person.” For agencies, it means supplementing their personal client interactions via phone and in person with increasingly robust online options including email, website portals and social media. Independent Insurance Agents and Brokers of Arizona, Inc.’s News & Views Page 4 September / October 2011 Edition Most agency clients still want to talk with the agent when the issue 1. involves counseling, such as policy coverage, obtaining a quote, adding or changing drivers or cars, price changes and billing inquiries. However, there are certain routine transactions where most agency customers’ first preference would be do to do them online such as to make a payment (45% online vs. 31% talk with agency), update contact information (43% online vs. 36% talk with agency), order insurance cards (41% online vs. 37% talk with agency); and with verify payment 2. receipt, agency customers’ top two preferences do not even include talking with the agency (33% online vs. 30% by email). It is important for technology providers, carriers and agencies to work together to respond to these changing client preferences by developing agency website portals that provide customers with these online servicing capabilities. Enabling clients to make payments to the 3. company through the agency portal should be the first priority, given that online payments constitute 44% of overall consumer online servicing visits. 4. As agencies increasingly offer online quoting and make sales by phone, it is also time for them to begin to offer their clients the convenience of using e-signature tools for required applications and other signed documents. Currently, 87% of all online auto insurance purchasers using other distribution systems have been able to sign all required documents electronically. 5. Growing Agency Client Interest in Other Online Communications Email is second only to calling as agency clients’ preferred method of contact to the agency, beating out visits to the office. 77% of agency 6. customers send or receive emails with the agency. As might be expected, greater percentages of younger clients (18-34 years) use email as their first method of contact with the agency. While the trend to use social media for business purposes is still emerging, 20% of 18 to 24 year olds would have an interest in interacting with their agents via a social media outlet like Facebook or Twitter. This level of interest contrasts with that of agency clients overall, where 86% express not being interested in interacting with their agents in a social media context. One wonders, however, if this overall interest level will change when consumers start to use social media more regularly in their daily lives and begin to see how valuable consumer information can be conveyed to them by their providers. Another emerging trend is for consumers to use their mobile devices to access business accounts. As of 2011, 12% of consumers with the mobile capability to do so have accessed an insurance site via their mobile browser, while 10% accessed an insurance site via an app. Only 9% of insurance consumers have used text messaging to communicate regarding their insurance. With regard to those who have used a mobile device for their insurance, the top functions used in descending order have been to pay a bill, access the insurance policy, text or chat with an agent, find the nearest insurance agent or office, update personal information, find useful tips or tools, find the agent’s contact info, receive an insurance quote, change coverage, limits or deductibles, receive policy alerts, track a current claim, and report an accident. Sell convenience as part of your agency’s value proposition. As discussed above, most of the shoppers that buy from a direct carrier do so because they believe the online approach is more convenient, when in fact independent agents can shop multiple carriers and take care of servicing needs with a simple phone call or comparative rating portal, along with providing professional guidance at the same time. Bundle auto insurance with a quality property insurance product and provide the discount. Many direct carriers cannot offer consumers comparable property products. Also, 25% of non-bundling consumers said they did not even think about using the same company for multiple policies. In addition, 52% of non-bundlers said they would consider switching to the same company if they received a bundling discount. Sell renters insurance. 27% of consumers rent rather than buy a home and that percentage is likely to rise in the aftermath of this tough economy. Many renters are currently uninsured, since they represent only 14% of those with property insurance. Understand that buying a new or used car triggers a lot of shopping by consumers. Next to looking for a lower price, buying a new or used vehicle is the most common reason for shopping and 33% of vehicle purchasers shopped their insurance and chose a new insurer. 53% of these shoppers who switched carriers were agency customers (and may or may not have stayed with the agent). Offer clients the option for pay as you drive insurance, if you have it available. Of the 25% of consumers who have heard of this type of insurance, 55% said they would “definitely” or “probably” be interested in purchasing it. Point out the coverage enhancements and optional coverages that your various carriers offer and ascertain which are most important to your clients. This reinforces the benefits of having a professional advisor in your client’s mind and debunks the myth conveyed in most direct carrier advertising that personal lines policies are commodities, where only price and convenience matters. Creating a Strong Online Presence The consumer research discussed above provides valuable guidance on how independent agencies can reshape and refocus their personal lines operations to respond to changing customer expectations and preferences. The challenge remains, of course, that the independent agency has to be able to get the attention of the increasingly online consumer as a first step, in order to convey its value proposition and the better experience it can provide. I believe independent agents finally have the technology tools available to them to create a strong online presence, particularly in their local communities, along with the needed tools to process personal lines business very efficiently. These technology tools create the time needed for agency employees to reach out to clients to bolster relationships, protect renewals, cross sell and attract new prospects. Finally, agencies now have the tools available to enhance online marketing and service—more effective websites, agent portals for consumers to obtain online comparative rates, free local search and social media sites. Author: Jeff Yates—Executive Director of the Agents Council for Technology (ACT), which is part of the Independent Insurance Agents & Brokers of America. Additional Strategies to Grow Personal Lines The consumer research points to additional ways in which independent agents can attract online shoppers and take business from ACT’s website is www.iiaba.net/act. This article reflects the views of the author and should not be construed as an official statement by ACT. the direct carriers. Consider these possibilities: © Copyright Independent Insurance Agents and Brokers of Arizona, Inc.’s News & Views Page 5 September / October 2011 Edition © Copyright Independent Insurance Agents and Brokers of Arizona, Inc.’s News & Views Page 6 September / October 2011 Edition © Copyright Independent Insurance Agents and Brokers of Arizona, Inc.’s News & Views Page 7 September / October 2011 Edition by Chris Burand How much wood would a woodchuck chuck if a woodchuck could chuck wood? Or for agencies, how much production could a producer produce if a producer could produce? his is neither a rhetorical, nor a cynical question. It is a serious question. The answer to which a huge proportion of agency owners and managers have neither good answers nor expectations. A few months ago I gave a speech on this subject. An agency owner came up to me during a break and asked to clarify something I said. He said, “So, you’re saying a producer needs to generate at least $150,000 just to break even in the best case scenario?” I said that in the best case scenario, $150,000 commission might be break even. His response, “$150,000 commission? I thought you meant $150,000 premium! Hah! $150,000 commission isn’t possible in five years or even 10 years. It took me 20 years to build a $150,000 commission book! Your standards are ridiculously high!” More recently, an agency owner told me he was “proud” of his producers who, on average, had 10 years of experience and wrote only $150,000 each. That is far below the norm and yet it is far better than what the owner in the previous example thought possible. According to the new Producer Profile by the National Alliance Research Academy, the average commercial producer has between $300,000 and $350,000 commissions. It varies by age, location, experience, agency size, and other factors, but the overall average is $300,000 to $350,000. Should an agency owner be proud of producers who are not even doing half of the industry average? So how much production can a producer produce if a producer can produce? Before going further, let me clarify the question by stating that it does not matter how much new business a producer generates. New business only matters relative to retention, so both metrics combined or a net new measure can be used. Another agency owner expects all of his experienced producers to grow their books by at least $50,000 annually, even in this soft market. The producers are doing it, too. These producers’ books all exceed $500,000 commission. How much can a producer write at $50,000 net new annually before reaching a reasonable capacity? Well, if the average is $300,000, then on a normal curve, good producers should achieve $500,000 without much stretch. © Copyright Agency owners like the gentleman who thought $150,000 is unrealistic are really saying, without realizing it, that they know their producers can’t produce. So the question is no longer, “How much can a producer produce if a producer can produce?” The question now is, “How much can a producer who can’t produce, produce in my agency?” Agency owners are often defensive when presented with proof their producers cannot really produce. They know their producers can’t produce, but they are not going to admit it to anyone, much less themselves. I have even seen owners spend hours trying to dig up research or calling everyone they know to get someone to tell them their producers are OK. Every reader knows that if you call enough people, especially company people who want your production, you will eventually get someone to tell you that your producers are good, even if they are not. For some reason, many agency owners desperately prefer to maintain denial. This behavior is rampant in this industry. Can you think of any other situation (other than government) where someone would say they’re proud of producers producing less than half normal? Is an NFL running back getting 50 percent fewer yards than average going to last long? Is an outfielder batting .125 going to last long? Is a CEO who continually fails to grow his firm and/or loses money going to last long? How many people in other sales professions last when their sales are less than half normal and not even improving? How many other managers are going to defend, like a wild female animal protecting her offspring, sales people who barely get to 50 percent of average as successful? These producers just may be in the wrong job and/or the agency is doing a horrible job of managing their sales effort and training. If it is the former, why defend someone who is failing in a job they should not be in anyway? If it is the latter, then the agency should fix it. If they really are good producers but their numbers just don’t show it, management should be able to fix it. So if you know your producers are not making the grade, what are your emotions? Are you angry at me, the author, for suggesting unrealistic expectations? If so, chances are, you’re either in denial or your agency is mismanaged. If you are reading this and recognize $500,000 is feasible if your producers really can produce, then what are you doing about it? When I say that $500,000 is feasible for a good producer, I am not implying that all producers have to be good. If you have a bunch of Independent Insurance Agents and Brokers of Arizona, Inc.’s News & Views Page 8 September / October 2011 Edition “B” producers all doing $350,000 to $450,000 of their own business, you are in far better shape than most of your competition (excluding large agencies and brokers). But if your producers are all average or worse and you know it, what is the agency’s true future without improvements? “How much can a producer who can’t produce, produce in my agency?” Are you reading this thinking that your producers are good producers but they haven’t been given a truly fair opportunity because the agency lacks a true sales management culture? Then it’s your job to fix this, which is easier said than done. But every solution starts with one small step. What is the first step to fixing this? Even if fixing sales management is overwhelming, remember, by doing so you have a huge competitive advantage over all your competitors who are still sticking their heads in the sand and denying reality! If your producers really can’t produce, are they really producers? If not, why continue to employ them? If your producers really can produce, how much can they really produce if you have good sales and management and high, though realistic, expectations and goals? Author—Chris Burand, President of Burand & Associates LLC, an insurance agency consulting firm. NOTE: None of the materials in this article should be construed as offering legal advice, and the specific advice of legal counsel is recommended before acting on any matter discussed in this article. Regulated individuals/ entities should also ensure that they comply with all applicable laws, rules, and regulations. © Copyright Independent Insurance Agents and Brokers of Arizona, Inc.’s News & Views Page 9 September / October 2011 Edition © Copyright Independent Insurance Agents and Brokers of Arizona, Inc.’s News & Views Page 10 September / October 2011 Edition The Senate Committee on Banking and Urban Affairs passed the “Flood Insurance Reform and Modernization Act” to reauthorize and reform the financing of the National Flood Insurance Program (NFIP). The NFIP is set to expire at the end of September unless Congress acts. The legislation would extend the National Flood Insurance Program (NFIP) for five years and make much needed reforms to the program. The bill now goes to the full Senate for consideration. The Senate “Flood Insurance Reform and Modernization Act” includes a five year reauthorization of the program and would forgive its $18 billion debt. It would also permit rates to rise by 15 percent a year in order to reach their actuarially-indicated levels that reflect the true risk of flooding. Currently, rates can’t go up more than 10 percent a year. The program would be required to build up and maintain a reserve fund. It also phases out subsidies for many properties, provides for greater enforcement of the mandatory purchase requirement, provides for a transition for properties newly mapped into a flood zone, and includes important studies of ways to modernize the program so as to enhance its benefit to policyholders and increase participation. The Senate’s “Flood Insurance Reform and Modernization Act” must The Independent Insurance Agents and Brokers of Arizona (IIABAZ) met with the Office of Pest Management (OPM) to discuss an issue regarding certificates of insurance. One of our members had informed us that the OPM would only accept their department’s internal certificate of insurance and refused to use the ACORD form. We were concerned that the OPM’s policy would interfere in agents being able to find insurance coverage for their small herbicide businesses and in doing so, put the businesses license at risk. Our organization explained that the OPM certificate could not be accepted by admitted carriers (BECAUSE OF THE REQUIREMENT THEIR POLICY FORMS AND ENDORSEMENTS BE FILED WITH THE ARIZONA DEPARTMENT OF INSURANCE) and that our goal was to make sure no businesses were trapped in a situation where they could not get licensed due to not being able to get carriers to sign off on the OPM certificate. Apparently the OPM had issues in the past with certificates being filed that did not reflect the actual policy and certificates being filed from insurance companies not licensed in Arizona. We clarified that ACORD forms do not and cannot change the actual policy, so if it is different than the policy, the agent would be prohibited to complete the ACORD form without jeopardizing their insurance license. We © Copyright still be considered on the full Senate floor, and at this time that consideration has yet to be scheduled. The House passed H.R. 1309, the “Flood Insurance Reform Act of 2011,” before the August recess. Once the Senate passes its legislation the House and the Senate will still have to reconcile the differences between their two bills. For example, the House version similarly tries to get to actuarially sound rates but would let rates go up as much as 20 percent a year. It does not, however, forgive the NFIP’s debt as the Senate proposal would do. Our National office has been working tirelessly on this issue. “The Big ’I’ very much appreciates the Senate Committee's work on this legislation upon their return from the August recess,” says Charles Symington, Big “I” senior vice president of government affairs. “With almost exactly three weeks left before the expiration of the NFIP, we urge Senate leadership to quickly bring this bill to the full Senate floor for consideration to allow both the House and Senate enough time to reconcile their two bills. We are now closer to achieving a long term reform and extension bill than at any point in recent memory and we are hopeful that the House and Senate will finally push this over the finish line.” Article contributed by Russell Reiten—Government Affairs, IIAB of Arizona. E-mail: russell@iiabaz.com also went in to detail on why an ACORD form was required and OPM certs could not be used in the admitted market. After some discussion they seemed to have a better understanding of the issue and we discovered herbicide companies that use a container of 8 gallons or less does not have to get a license. At the end of the meeting the OPM told us they plans on proposing legislation that will help clarify the 8 gallon exemption since they feel it is poorly worded. They also want the legislation to address any concerns we might still have regarding certificates of insurance. The OPM gladly agreed to work with IIABAZ on the language so we can ensure it meets everyone’s needs. Russell Reiten will be staying in contact with him and will be the point person on this issue. Some win-win situations arose from this meeting in that we can be at the table with new legislation that would benefit our members. The meeting was very beneficial for our members and has brought us much closer to resolving the issue with the Office of Pest Management certificate. Article contributed by Russell Reiten—Government Affairs, IIAB of Arizona. E-mail: russell@iiabaz.com Independent Insurance Agents and Brokers of Arizona, Inc.’s News & Views Page 11 September / October 2011 Edition © Copyright Independent Insurance Agents and Brokers of Arizona, Inc.’s News & Views Page 12 September / October 2011 Edition Each year, a group of exceptional insurance professionals are chosen by The National Alliance for Insurance Education & Research in Austin, Texas to represent their states and compete to become the National Outstanding CSR of the Year. This award, regarded as the foremost national award of its kind, recognizes the contributions and commitment of those who serve clients within the insurance industry. The 2011 Arizona winner is Suzette Toole, from Lapre Scali and Company. Suzette works in their Lake Havasu City office. This is the second straight year that the state winner comes from Lapre Scali. Additionally, entrants must have demonstrated commendable service to their agencies, their industry, and their community. The only eligibility requirement for this award is that the candidate must be an insurance customer service representative, or have primary responsibility for insurance customer service duties. “The Outstanding CSR of the Year Award is an opportunity to recognize exceptional customer service representatives across the nation,” said Danielle Janecka, senior vice president of The National Alliance. “Each of our state winners demonstrated through their essays how willing they were to make any new technology a tool for effective and personal service—just the way their customers prefer it.” To qualify for the top state honor, each of the Each of the state winners are eligible to compete for the national 2011 candidates submitted an essay on the award given by The National Alliance. The award is $2,000 cash, a gold following topic: and diamond pin, $1,000 cash for the nominator, and a scholarship for the recipient’s employer to any program offered by The National “Many insurance service professionals believe that their personal Alliance. The name of the Outstanding CSR of the Year is inscribed on relationships with clients may be threatened by agencies’ and a sculpture permanently displayed at the national headquarters of The companies’ efforts to use more technology, such as the internet, National Alliance for Insurance Education & Research in Austin. instant messaging, and automated systems. Discuss four courses of action(s) that a CSR, Account Executive, or Account Manager can take Suzette received a framed certificate as the Arizona state winner at the to preserve and/or enhance relationships with clients and/or companies Arizona Industry Awards breakfast on August 25th, preceding the 77th while continuing to utilize and benefit Annual Big “I” of Arizona Convention and Trade Show. from current technologies.” The National Winner will be chosen sometime in late September. © Copyright Independent Insurance Agents and Brokers of Arizona, Inc.’s News & Views Page 13 September / October 2011 Edition A legendary insurance company name is back in the headlines after a nearly 10 year hiatus. Unitrin, Inc. (UTR) proudly announced its new name — Kemper Corporation — effective August 25, 2011 and began trading on the New York Stock Exchange under KMPR ticker symbol that day. “Kemper is a legendary name in the insurance industry, and it offers an opportunity to create a unified brand for our family of companies and a strong platform for continued growth and expansion,” sand Don Southwell, Chairman, President and Chief Executive Officer. While the company name will change, the commitment to customer service will remain strong. The company’s subsidiaries work through about 10,000 independent agents and 2,600 career agents who know the company’s products and understand how to find the right fit for a wide array of customers. Customers who choose to purchase their insurance directly online can do so via Unitrin Direct or iMingle®, and industry first that uses social networking to enable customers to link their policies with friends. “We view our rebranding as an investment in the company,” said Dennis Vigneau, Senior Vice President and Chief Financial Officer. The company purchased the Kemper personal lines business in 2002, “Over time we expect to see benefits in terms of overall growth and and this segment now represents the company’s largest business unit increased shareholder returns.” with just under $1 billion in total earned premiums in 2010. For marketing purposes, this unit will become Kemper Preferred. The Unitrin is a diversified insurance holding company with subsidiaries holding company will incorporate the Kemper name in many of its that provide auto, homeowners, life, health and other insurance other business units over time. products for individuals. “Since the Kemper acquisition, we have looked for opportunities to leverage the value of the Kemper brand throughout our organization,” Southwell added. “When we had the opportunity to purchase the name outright in mid-2010, we jumped on it.” In fact, the name change closely aligns with the corporate changes over the last five years. The company has worked to redefine itself from a holding company with an eclectic portfolio of companies and investments to a straightforward insurance provider with more than $8 billion in assets. Unitrin was established as a holding company after its spin-off from Teledyne in 1990. The former Kemper Insurance building in Chicago, Illinois, circa 1947. “The Kemper name fits who we have become as a company,” Southwell continued. “It allows us to bring together all of our approximately 7,000 employees under one banner that reinforces our position as a straightforward company that delivers personal service and financial excellence in all of our interactions.” After purchasing the name, the company immediately began a top-to-bottom study of its brands, to explore how best to use the name more aggressively. The Kemper brand name, its attributes and recognition remain strong, with about a 30 percent greater awareness of the Kemper name over Unitrin among customers surveyed. © Copyright per Kem Independent Insurance Agents and Brokers of Arizona, Inc.’s News & Views Page 14 September / October 2011 Edition Copyright © IIABAZ EDUCATION ITEC Registration Form Mr. Ms. Mrs. Name: ______________________________________________________ Designations: __________________________ D.O.B.:________________ Agency/Company: ____________________________________________ Address: ____________________________________________________ City, State, Zip: ______________________________________________ Telephone: (__________) ______________________________________ E-mail address: ______________________________________________ Seminar: __________________________________________________ 2011 & 2012 Classes and Dates September 22 September 29 October 4 October 13 October 13 October 26-28 October 27 November 2 November 2 November 9 November 15 November 17 November 17 December 8 December 13 January 11, 2012 January 19 January 25-27 January 31 February 8 February 16 February 23 March 7 March 15-16 March 20 March 21 CISR Agency Operations Seminar CISR Personal Automobile Seminar CISR Personal Automobile Seminar CISR Personal Residential Seminar CISR Insuring Commercial Casualty Seminar CIC Commercial Property Institute CISR William T. 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Cancellation Policy: ITEC/CISR Cancellations received within 7 business days of a seminar will incur a $25 non-transferable fee. CRIS Cancellations received within 7 business days of a seminar will incur a $50 non-transferable fee. CIC Cancellations received within 7 business days of an institute will incur a $105 non- transferable fee. ADA Policy: We comply with Title III of the American with Disabilities Act Please let us know in advance of any special needs. CISR Seminars — $160.00 CISR William T. Hold Personal or Commercial Seminars — $160.00 CISR Dynamics of Service—- $170.00 CRIS Seminars — $195.00 or $220.00 Non-Member ITEC Seminars — $80.00 or $105.00 Non-Member E & O Loss Control — FREE to Member or $90.00 Non-Member The Good, the Bad and the Ugly Seminar — FREE to Member* CIC Institutes — $395.00 CIC Ruble — $420.00 © Copyright Independent Insurance Agents and Brokers of Arizona, Inc.’s News & Views Page 15 September / October 2011 Edition National Debt Ceiling and Other Economic Musings The country is just starting to deal with the issue of a $14+ trillion debt Well, the national debt ceiling crises has been averted – at least for a while. In retrospect, this entire episode means that the country is really just starting to deal with the issue of a $14+ trillion dollar debt. Most importantly, this issue will most likely frame the debate for the 2012 presidential election. As expected, the talking heads and political pundits are discussing the outcome in political terms – who won, who lost? And, that’s too bad. So while this issue has everyone’s attention, a national discussion should commence to really understand the demographic forces that will greatly influence our country’s ability to deal with its finances. work have been outsourced. Next month, the last four of more than two dozen giant steel modules — each with a roadbed segment about half the size of a football field — will be loaded onto a huge ship and transported 6,500 miles to Oakland. There, they will be assembled to fit into the eastern span of the new Bay Bridge. The assembly work and the pouring of the concrete road surface will be done in California. California state officials say the state saved hundreds of millions of dollars by turning to China. Lastly, in an interview last week legendary investment manager Jim Rogers said that he is bearish on the U.S. economy and that Japan First, with longer life expectancies and the still higher than average had two “lost” decades of economic growth by propping up their increase in medical costs, programs like Social Security, Medicare and ailing businesses. Rogers also said that the U.S. has now experienced Medicaid are not sustainable based on current and future anticipated their first “lost” decade and that we should learn from Japan’s revenues. Further, our economy continues to lumber along with mistakes or we will follow them. anemic growth. Just last week the Gross National Product (GDP) data was released (including a downward revision of first quarter So where does all this leave independent insurance agents? It 2011 GDP to just 0.4% and second quarter GDP growth of just requires each agency needs to develop a strategy for dealing with 1.3%). stagnant economic growth which means that while workers comp rates may firm, payrolls may not pick up. And, that Americans will be To make matters worse, unemployment remains stubbornly high – hanging on to their cars longer (lower auto insurance premiums) and above 9% - in what is being termed a “jobless” recovery. As the that for the most part, housing values will not rebound to a second quarter corporate earnings season winds down it is quite significant degree in the near future (although replacement costs will apparent that for the most part the S&P 500 companies’ earnings continue to go up as the dollar remains weak and commodity prices are healthy - but it is due to their profits from their international continue to rise). business. So U.S. companies continue to hire abroad due to lower labor costs and the fact that their global customers are growing and Essentially, agency principals need to consider what their agency U.S. companies want to be located near their customers. needs to do (regardless if the market does start to harden) and it starts with defining their target markets and then devise (and spend) Continuing with some pessimistic economic news, The Wall Street funds on an aggressive marketing plan. Many have heard the Journal’s analysis of the pharmaceutical industry indicates that due to expression that “a rising tide lifts all boats”. The converse of that expiring patents some 50,000+ good paying jobs were lost in 2010, observation is that in a stagnant or declining economy, the aggressive and Merck announced job reductions of up to 13,000 jobs on top of firms will take market share – because it’s a zero sum game – from the 17,000 job cuts that they had previously announced. Even badly less aggressive competitors. The latest example is Barnes & Noble needed infrastructure projects like the Golden Gate bridge repair and Borders book stores which filed for bankruptcy protection last week. Barnes & Noble adapted to evolving consumer reading preferences by promoting eReaders like the Nook. Borders failed to capture this market and that was the final straw in a series of management errors. While the U.S. economy has shown amazing resilience over the years, it will take bold measure by entrepreneurs to ensure their companies success into the future. Now is the time to look at emerging consumer preferences and position the agency to meet those shifts – embracing technology and social media to stay ahead of the curve. Construction of the eastern span of the new Oakland—San Francisco Bay Bridge. © Copyright Author: Dave Evans—Trusted Choice® Executive Director Independent Insurance Agents and Brokers of Arizona, Inc.’s News & Views Page 16 September / October 2011 Edition Almost every personal lines policy uses the term "resident" somewhere in the form. A "resident" relative usually has coverage that is broader than any other class of insured except for the named insured(s). However, few (if any) policies define the term "resident." In this article, we'll take a look at how the courts have evaluated residency. Yes, almost every personal lines policy uses the word “resident” somewhere in the form. The problem is few (if any) policies define what the term “resident” actually means. For example, the term “family member” is defined in the personal auto policy as “…a person related to you by blood, marriage, or adoption who is a resident of your household.” Having status as a resident often is the key to having coverage under the policy. Lacking a policy definition of “resident,” court cases provide valuable insight into interpreting the term. I recently spent the better part of a day on the Internet reading court cases dealing with residency. Since few people would find that as interesting as I did, I’ll mention a few of the cases that were of interest. In the Oregon case of Waller v. Auto-Owners Insurance Company, the 17-year-old daughter of an insured moved from Florida to Oregon to attend college. She rented an apartment in her name and her father’s name, represented that she lived in Oregon for the purposes of getting an in-state tuition rate, opened a bank account in her name, obtained utilities in her name, and obtained an Oregon driver’s license. The daughter also maintained a bedroom in her parent’s home in another state and some of her possessions remained there. She had never expressed the intent not to return to her parent’s home after college, being unsure of her plans after graduation. After being injured in an auto accident, she claimed residency with her parents, seeking $1,475,000 in underinsured motorist coverage from her parent’s policy. While the trial court sided with the insurance company in denying the claim, the appeals court ruled the trial court had erred in its decision and the case was sent back to the trial court. as owners of the house and William as owner of the dog. Richard claimed residency under his parent’s policy but, lacking any evidence that William resided with his parents, coverage for the $2.3 million verdict against William was denied. As the above court cases demonstrate, determining residency is a complex task involving numerous issues. Each situation is unique and there is no “cut and dry” method to determine residency status. While courts tend to view coverage in favor of resident status (even when it appears there is sufficient doubt as to the status) the safe course of action is to gather all the facts and present the situation to the company for a coverage interpretation prior to the claim. As always, document answers given by the company for future reference. Note from the Editor: Below are some other court cases dealing with the issue of residency under both HO and PAP policies What Constitutes "Residency"? During the eleven years after moving out of his parents' home following high school graduation, the defendant had worked and lived on his own, married, and played professional hockey. Divorced and unemployed, he moved back in with his parents at age 29, although he "spent a lot of time" at his new girlfriend's house. The Supreme Court supported an appeals court citation of three circumstances found by the Wisconsin Supreme Court to determine residency in a household: (1) living under the same roof, (2) a close, intimate and informal relationship, and (3) when the duration of residency is likely to be substantial such that it is reasonable to conclude that the parties would consider the relationship in procuring insurance and in their reliance on it to protect them. Since the Minnesota Supreme Court In the Ohio case of Prudential v. Koby, a 32-year old captain in the found no conflict between these standards and Minnesota law and U.S. Army was ruled to have held dual residency at his home as well as upheld the son's status as an "insured" under the contract. (State Farm that of his parents. The court stated, “…there was no requirement Insurance Company v. Short, et al., Minnesota Supreme Court, 1990.) that, in order for a person to be a resident of the named insured’s household, such residence must be the sole or exclusive residence of Dual Households the person.” An insured was divorced from his wife and she was awarded sole custody of their son, In the Florida case of Progressive v. Wesley although the insured had extensive visitations a child was killed in an automobile accident. rights and maintained a space in his home for At the time of the accident, her parents his son's frequent visits. The son was killed were divorced and the father was awarded while riding in his mother's car and the father primary custody of the child; however, both sought recovery under the UM/UIM parents shared parental responsibility. The provisions of his auto policy on the basis that child kept a room at the home of both par- his son was a "family member" under his policy. The court found ents. Arguments were presented on both sides showing how the child coverage on the basis that the policy did not preclude an insured from lived with one parent. The court said, “Either determination of [her] being a resident of more than one household (American Family residency would be reasonable. We must accept the interpretation Mutual Insurance Company v. Thiem, Minnesota Supreme which would favor the insured.” Coverage was afforded under the Court, 1993). policies of both parents. Author: David Thompson, CPCU, AAI, API—Instructor In the Florida case of Philbin v. American States, Richard and for the Florida Association of Insurance Agents Rosemary Curtis owned a house and leased it to their son, William, who was the sole resident of the house. Richard and Rosemary owned Article provided by IIABA Virtual University “Ask an another home and lived in that home full time. A pit bull dog owned Expert”, which you can find at http://www.iiaba.net/ by William attacked plaintiff Philbin, who sued Richard and Rosemary iseprise/EpriseFilterExt.dll/main/VU/Lib/Ins/PL/ © Copyright Independent Insurance Agents and Brokers of Arizona, Inc.’s News & Views Page 17 September / October 2011 Edition © Copyright Independent Insurance Agents and Brokers of Arizona, Inc.’s News & Views Page 18 September / October 2011 Edition © Copyright Independent Insurance Agents and Brokers of Arizona, Inc.’s News & Views Page 19 September / October 2011 Edition For whatever reason(s), some carriers are more willing to write business auto liability coverage under Symbols 2, 8, and 9, rather than Symbol 1. Recently, we received an "Ask an Expert" question from an agent who's BAP insurer insisted on Symbols 2, 8 & 9 saying, according to the agent, that they were equivalent to Symbol 1. What do you think...are these essentially the same? According to our Business Auto Policy gurus, NO! Symbol 2, 8, 9 does not equal symbol 1. Symbol 2 is for owned autos. Symbol 8 are for those autos you hire for use in your business, and Symbol 9 are those non-owned autos you borrow for the course of your business. Symbol 1 covers “any” auto. Scenario: A client calls you to come see him. When you get to the front door, a salesperson has parked his car behind yours and you ask him to We were discussing auto symbols - Specifically - Is there any 'real' difference in coverage for an insured if auto Symbol "2, 8, 9" are used move it so you can go to your appointment. He tosses you the keys and says you can move it. It's a new Corvette and you decide to in lieu of auto Symbol "1"? Many agents have become almost move the car. You back out into dogmatic on getting auto Symbol 1 for their customers. We feel we the street into the path of an may be doing a disservice in that it could, in effect, eliminate the use oncoming truck which hits you and of a very good market, both price and AM Best rating wise. Thank totals the new Corvette and, in you for your input. turn, causes the truck to hit yet another vehicle before coming to a This issue has been debated for years. While, in most cases, Symbols stop inside a flower shop next 2, 8, and 9 are effectively equivalent to Symbol 1 for liability door. Is the Corvette owned? No. coverage, because Symbol 1 applies to "any auto," it is quite Was it a hired vehicle? No. Was it a non-owned vehicle or conceivable that a claim could happen that would be covered by borrowed vehicle that you used in the course of your business? Symbol 1, but not by a combination of Symbols 2, 8, and 9. Below Maybe not. Symbol 1 would cover this loss...2, 8 + 9 probably would are some of the thoughts of our BAP faculty. not. There is a difference: vicarious liability. Symbol 1 covers any auto which gives rise to liability for the insured, including vehicles over which the insured has no control, such as a sub's employee's car at a job site. Symbol 9 (Non-Owned Autos) only covers those autos that are "used in connection with your business." The sub's auto may or may not be considered such. Some underwriters say they don't like Symbol 1 because the CGL covers this vicarious liability, and this is duplicate coverage. The CGL may cover some of these claims, but the BAP coordinates with the CGL by stating (Other Insurance) that, if the company covers the claim under more than one form, the company will only owe the higher of the two limits. Since Symbol 1 covers any possible auto liability the insured might have, I strongly urge agents to go for it. I would say the difference falls somewhere within the words “that are used in your business” in the Symbol 9 definition. Symbol 1will cover a non-owned auto that is not used in “your” business, however strange such a claim might be. Here is a pretty good article from on this: http://www.mynewmarkets.com/article_view.php?id=100811 © Copyright Dissenting Opinion: I disagree with the scenario involving the Corvette - I think a solid argument can be made that, since he was moving the car to pursue a business purpose, and would not have moved the car otherwise, clearly his use of the Corvette is a business usage. Here's an actual case, although all the facts may not be completely straight, where symbol 1 covers but 2, 8 & 9 miss the boat: Company A, in FL, has some truck-tractors. Buys a new one and is selling one of the old ones. Company B, from out of state, comes down and buys it. Money exchanges hands with a bill of sale, but title remains in the name of Company A until the vehicle reaches the destination point. On the way, Company B has an accident in the tractor and kills someone. Family sues everyone including Company A because their name was on the title. While Company A may not end up getting stuck with any liability, there is the cost of defense. Symbol 1 does the trick. Dissenting Opinion: If the entire basis of liability is the title, then you'd have to say Symbol 2 applies, since the allegation is that company A is still the legal owner and thus liable. Since that is the basis for the liability, the BAP would have to defend the claim. It is somewhat analogous to the difference between "all risk" and named peril. Symbols 2, 8, and 9 are defined autos. Only those are covered. It is conceivable that the auto of a sub or independent contractor that is not owned or hired could be used in the insured's business and for which the insured could become vicariously liable. Independent Insurance Agents and Brokers of Arizona, Inc.’s News & Views Page 20 September / October 2011 Edition If a difference was not implied, why do we have the number 1 symbol? matter. As I see it, that car is hired or borrowed by ABC from Bubba. With symbol 1, if ABC is sued we Dissenting Opinion (kind of): I disagree with the "if 2 + 8 + 9 = 1, clearly have coverage. With 2, 8, and why would we need 1" logic (although I agree they're not the same). 9, I don't think we do. It isn't owned, Kind of scary how many times you hear that mentioned as an so 2 won't cut it. While it's a argument. A good example of looking at the way things are and then non-owned auto to ABC, 9 says it trying to backtrack into a logical explanation...beware logic in policy can't be hired or borrowed by ABC. interpretation! The simple fact is individual "niche" symbols are So you're left looking at 8, which created for specific purposes, but that doesn't mean there shouldn't excludes employee vehicles as be comprehensive symbols to make other risks easier to cover. Why mentioned above. So, even with doesn't anyone argue there is no point to Symbol 2, since isn't it "new math," 2+8+9 does not equal 1. really just 3 + 4? A better way to look at it is to say 1 and 2 are the only symbols you really need, and the rest are created as subsets for AGREE use in specific situation where neither 1 or 2 can apply. And this also An insured rents an auto from an employee. I think the situation was recognizes that you can create additional symbols as needed, from a florist. During the week of Valentines, they had a couple of 10 on up. weddings and a funeral, and just didn't have enough vehicles. So the owner rented an employee's van for the week. The way I read Symbols 8 & 9, I don't think either would cover this situation. Thus, only Symbol 1 would cover. There is an exclusion hidden in Symbol 8: DISAGREE borrowing a car from an No. Symbol 9 goes on to include autos owned by employees and employee. My company car used in the business. breaks down. I borrow a fellow employee's car for a DISAGREE business trip. Named Sorry, I can't agree with you. I believe there is sufficient proof of the Insured gets sued for drafters' intent to cover ALL employee autos used in the insured's vicarious liability arising out business by virtue of the second sentence in the Symbol 9 definition. of an accident. When If nothing else, they have created an ambiguity that must go in the Symbols 8 and 9 are analyzed, you can see the gap. Symbol 8 does insured's favor. If they had wanted to exclude autos borrowed or not provide the Named Insured coverage for borrowing an hired from employees, then they should have specifically said so. employee's car. Symbol 9 does not cover hired or borrowed. Symbol Also, even though the rating manual is not proof of coverage or no 1 would cover this claim. I ask this question in class (does 2, 8 and 9 coverage, it could be said that it is further evidence of the drafters' equal 1?) and have had only a handful of people answer it correctly intent: you rate non-owned auto coverage based on the number of over the years. employees, with no provision to exclude employees whose autos are hired by the named insured. Finally, below is a scenario where one faction of our faculty thinks there is coverage under Symbol 1, but not 2+8+9...the other faction thinks there is coverage under both. In either case, there is clearly coverage under Symbol 1, while coverage under 2+8+9 might be questionable. 2 + 8 + 9 = Symbol 1 of course covers any motor vehicles that aren't mobile equipment. If you use 2-owned, plus 8-hired, and 9-non-owned, you'd think it's the same as having Symbol 1, but it's not quite the same. Symbol 8 covers hired autos, but says it does not include, "...an auto you lease, hire, rent, or borrow from any of your employees or partners or members of their households." 1? X 10? X O 19 So, assume the employer ABC Flower Shop Inc. asks if they could use the "extra" car owned by their employee Bubba for a few days to make deliveries over the Valentines day rush. They might offer Bubba Article courtesy of Big “I” Virtual University’s “Ask An Expert” a few bucks for the use, or they might not. Either way it does not column. © Copyright Independent Insurance Agents and Brokers of Arizona, Inc.’s News & Views Page 21 September / October 2011 Edition © Copyright Independent Insurance Agents and Brokers of Arizona, Inc.’s News & Views Page 22 September / October 2011 Edition “The most traumatic thing ever to happen to me” is how Robert Douglas Gibson described the fire that wrecked his Middle Eastern arts store in Tucson, AZ. Arson for insurance money is what prosecutors called the blaze that did more than $1 million in damage to neighboring businesses. Gibson allegedly had financial troubles. The fire also was likely started by an accelerant poured on the floor and ignited with an open flame, officials say. An arson dog led investigators to an open metal wall cabinet inside the store. Numerous containers of flammable liquids were strewn inside and outside the cabinet and some containers were missing their caps. homebound himself for 10 years in federal prison. The seniors were diabetic and insulin dependent, many too weak to inject themselves, so Santos was hired to inject them himself. He forged hundreds of records showing he injected patients twice a day, seven days a week. At least two seniors neither needed insulin nor were homebound. Santos also billed for helping two seniors at exactly the same time. Santos billed Medicare more than $230,300. William Craig Miller methodically massacred a family to prevent the husband and wife from testifying against him in his trial for burning down his house for insurance money, so said a jury, thus exposing the Arizona man to a potential death sentence. Miller shot Steven Duffy and Tammy Lovell and three of their children — all execution style — in February 2010. Steven and Tammy worked for Miller’s Scottsdale home-restoration business. Steven helped Miller torch his home for an insurance payout and Tammy convinced him to go to the police. Miller had tried to hire four other people as torches, but all refused. He is already serving 14 years for the arson, and will be sentenced for the murders later. A fake insurer sold worthless liability coverage to bars and nightclubs around the US. Ronald Allen received a stiff five years in federal prison. Several victims paid claims out of pocket when they discovered their coverage was bogus, and some were forced to sell their businesses to cover the claims. The Los Angeles man said he was president of Universal Pacific Insurance but Universal Pacific was not licensed in any state. Allen teamed with crooked Houston agent Gilbert Morgan to sell the phony coverage to Morgan’s clients. Morgan sold coverage as an “authorized” agent of a legit insurer even though he was not authorized. The pair continued selling even after the insurer sent Morgan a cease-and-desist letter. Overall, Allen and Morgan stole more than $692,000 in premiums. Allen spent the premium money on himself, including at least $123,700 in ATM withdrawals. Universal Pacific had no money for claims, and paid nothing for claims that arose under the policies. Morgan was convicted in 2008 and still awaits sentencing. Miami home health-care nurse Armando Santos was paid to provide skilled nursing to homebound Medicare patients but Santos stole more than $230,300 with fake billing and will remain © Copyright Independent Insurance Agents and Brokers of Arizona, Inc.’s News & Views Page 23 September / October 2011 Edition SHOW DECLINING TREND IN ARIZONA safety remains a priority for the agency. “In an age of limited funding, ADOT is committed to improvements and programs that make our highways safer, ranging from signs that are easier to read day and night, new lanes in strategic locations and working hard to keep the snowplows moving when winter storms hit our high country,” Halikowski said. The department says last year’s figure also represents a “significant” drop from driving-related deaths in 2006, when 1,301 people were killed on Arizona’s roads. That’s the highest ever recorded in the state. The Department of Transportation states that driving-related fatalities on Arizona’s roads continued to decline in 2010, as documented in their “2010 Crash Facts” report. 762 people were killed in car crashes in Arizona last year. That’s down from 806 deaths in 2009 (5.46 percent). According to ADOT Director John Halikowski, improving highway © Copyright The recent data shows that of the driving-related deaths last year, 30 percent were alcohol-related. This is down from 2009 when alcohol-related fatalities made up 35 percent of all traffic deaths. Overall Motor vehicle crashes resulted in $2.668 billion in economic losses to Arizona in 2010. Article contributed by Russell Reiten—Government Affairs, IIAB of Arizona. E-mail: russell@iiabaz.com Independent Insurance Agents and Brokers of Arizona, Inc.’s News & Views Page 24 September / October 2011 Edition by John Chapin In the world of selling, eye contact is extremely important when both making a first impression and building credibility. In addition to some of the obvious aspects of eye contact, there are also some subtleties involved. So how do you make sure you're making the most of your eye contact? Note 2: If you’re talking to someone whom you know is blind in one eye, has a glass eye, or any other eye issue, focus on the good eye. If you know they have one of the above issues but cannot tell or forgot which eye is the problem eye, focus on the bridge of the nose. And no, people won’t be able to tell you’re looking in their left eye or at the bridge of their nose, it will simply appear as if you’re looking them in the eye. Use eye contact to build credibility, convey trust, and to accent your point at important intervals in the conversation. Eye contact builds trust and credibility and a lack of it will destroy the chances for either. The best way to convey strong points, such as closing questions, is to look the prospect or customer directly in the eye while making your statement. You don't want to be glancing away at all, and you even want to keep blinking to a minimum. Look the person directly in the eye as much as possible. At the very least, you want to be looking the other person in the eye the entire time he or she is talking. If you're going to look elsewhere at any time in the conversation, do it while you are talking. Even then, keep straying eyes to a minimum. You'll notice that if you're talking to someone and looking around, they'll start looking around too; looking elsewhere causes paranoia in the other person in the conversation. In the best case scenario, the only time you want to break eye contact is when the other person draws your attention to something else, or vice versa. As much direct eye contact as possible during a conversation will help build all the positive feelings you're looking for. Look at only the left eye. In conversation, people tend to look back and forth from one eye to the other. But this can give people the impression you are "shifty-eyed." As a result, you want to look in only one eye. Looking into the left eye seems to get the best results. Why? Have you ever had an instantaneous connection with someone? You just met that person but you felt as if you knew him or her forever? That connection occurred in the right side of the brain, which is the creative and emotional side of the brain. The left eye is controlled by the right brain. Will you always have instantaneous connections by looking in the left eye? No, however, you will have more of them and you will completely eliminate the "shifty-eyed" feeling some people will leave with after having a conversation with you. Note: If you're talking to someone with a "lazy" eye and are having difficulty discerning which eye is focusing properly, look at the bridge of the person's nose. © Copyright Watch others’ eye contact at important times in the sales conversation. Watch the other person’s eye contact during important questions such as closing questions and qualifying questions. For example, if someone says, “Geez, I think I can get it for less somewhere else.” Look them in the eye and ask, “So that’s the only thing that’s stopping you?” If they say “yes” and look away, off to the side, down, or otherwise break eye contact as they answer you, you can be sure that they are not telling the truth. Very few people outside of professional liars can look you in the eye and tell you an “untruth”. Now that you know that isn’t the real objection, you can ask more questions to eliminate this excuse and find out what the real reason is. The eyes truly are the mirrors of the soul. They will let people know if you are interested or disinterested, if you truly care or couldn’t care less, and whether you’re paying attention or off in another world. Watch the message you send with your eyes as well as the messages others are sending with theirs. If you make the most of eye contact, you’ll find that you’ll connect better with people and make more sales. About the author: John Chapin is an award winning sales speaker, sales trainer, coach, and co-author of the gold-medal winning "Sales Encyclopedia," a comprehensive how-to guide on selling. Independent Insurance Agents and Brokers of Arizona, Inc.’s News & Views Page 25 September / October 2011 Edition Wouldn't it be great if your agency had a full-time staff member who was one of the best insurance coverage gurus in the country or an agency management consultant or a technology expert? What if we told you that your new staff members were just a mouse click away and that it cost you nothing in salary and benefits? As an IIABAz member, you can take advantage of your free access to the VU by ensuring that each of your agency employees has received a unique user ID and password. If you don't know your login, email logon@iiaba.net and provide your name & agency information. Visit www.independentagent.com/vu to learn more. The Big “I” Virtual University provides members expertise that can improve your agency operations, sales, service and claims advocacy. In addition to a rapidly growing library of articles and white papers and online courses, IIABA's "Ask an Expert" service consists of over 60 individuals from across the country with expertise in agency management, sales, coverage or technology. IIABA's experts respond back to members ASAP with answers to their questions. More than 98% of all questions are answered within 72 hours and most are answered within 24 hours. Does your customer base include governmental and public utilities? If not, would you like for your customer base to include governmental and public utilities? Would you like to be the agent in your community that writes the city/county government insurance, the school board, and other entities? Unquestionably, given the thousands and thousands of political and public subdivisions across the country, there is a huge marketing and PR opportunity, starting right in your home town. However, great risk accompanies golden opportunities. Millions and millions of dollars are at stake and experts in this area can attest to the potentially catastrophic E&O exposure associated with insuring public entities. In this Webinar, you will learn: How to identify what entities, boards, commissions, councils, authorities, and personnel need to be identified, interviewed, and named as insureds What these entities do and what their activities, responsibilities, and risks entail on a micro level that is critical in order to properly risk management public exposures Identify what property (including autos and mobile equipment) is at risk and why inventory and depreciation schedules are completely unreliable and serve only as E&O time bombs (also learn where hundreds of thousands of dollars in property values are often overlooked) © Copyright The pitfalls in risk analysis, valuation, and the resulting Swiss cheese of coverage exposures that plague many public entity accounts, from marine exposures to margin clauses and historical building valuation to meth lab cleanup Why identifying and treating auto, general, and professional liability exposures present as great a challenge as property and crime exposures...discriminatory and civil rights issues, sexual harassment, police brutality claims, environmental impairment, governmental immunity, bond issues, and much more. Join Big "I" Virtual University Bill Wilson, Jim Mahurin and John Eubank on Wednesday, September 28, 2011 from 1:30 – 3:30 p.m. ET for more information on this important topic. You will need to log in. If you need help with your log in, please see the previous article above on this same page. The $99 registration fee per "seat" is a connection, not per person, so you can have anywhere from 1 to 100 (or more) people participate for one low cost. To register, please visit http://www.mmsend66.com/link.cfm? r=160982934&sid=15184291&m=1512913&u=IIABA&j=7034511&s= https://www1.gotomeeting.com/register/436941544 or send an email to bestpractices@iiaba.net with questions. Independent Insurance Agents and Brokers of Arizona, Inc.’s News & Views Page 26 September / October 2011 Edition © Copyright Independent Insurance Agents and Brokers of Arizona, Inc.’s News & Views Page 27 September / October 2011 Edition ACORD has at least two documents on their web site that state or imply that a certificate of insurance "may be used to copy verbatim information in the policy such as the specific number of days of written notice." We are aware of at least two instances where certificate holders have cited these documents in demanding certain language on the certificate. We STRONGLY encourage you NOT to do this. “We have a risk manager who insists that we show 'All policies contain a provision that coverage afforded by the policies will not be cancelled without 30 days notice to certificate holder by return receipt of registered letter.' We have told him in the past that ACORD has removed any cancellation details from the ACORD 25 and we will be glad to give him copies of policy forms that detail how cancellation works. At first he accepted that but now he points to an FAQ page on ACORD's web site that he interprets as ACORD's position that it's OK to add cancellation language to their certificate. What should we do???" This is the second time we've heard about a certificate holder demanding cancellation notice wording on a certificate and using an ACORD document as the rationale that this constitutes ACORD's blessing that the agent do what is being demanded. entering cancellation information in this field. It is, though, silent with regard to the ACORD 101. We believe that the FAQ statement about entering days of written notice is overly broad and subject to misinterpretation and potential conflict with state insurance laws, regulations and insurance department directives, as is apparently the case here. ACORD addresses this issue in another document on their web site [emphasis added]: A Certificate of Insurance/Evidence of Insurance form includes, following the “Coverages” section, a field for “Description of Operations” and/or “Remarks”, and that section, or an Additional Remarks Section, as well as the ACORD 101 Additional Remarks Form may be used to copy verbatim information in the policy such as the specific number of days of written notice. Be aware that using a certificate or other form in an attempt to vary policy terms presents legal risks, including violation of insurance regulatory requirements, and should not be engaged in without prior consultation with insurance carriers, policies and legal counsel. PLE SAM http://www.acord.org/standards/forms/ Documents/20100628_ACORDFormsNotice.pdf As you can see, this more precise statement says that the certificate can be used to copy "verbatim" the specific number of days of This is what the referenced ACORD written notice. We take exception with this FAQ document says [emphasis added]: on two counts. First, again this is in conflict with ACORD's own Forms Instruction Each Certificate of Insurance/Evidence form Guide as to what information is appropriate includes, following the “Coverages” section, a for the "Description" field. Second, we field for “Description of Operations” and/or believe that simply entering the number of “Remarks”, and that section, or an ACORD 101 Additional Remarks days of notice or a phrase like the certificate holder in question Form, may be used to include more information about the policy, e.g. wants conflicts with the second sentence in the notice language Number of Days of Written Notice. above: http://www.acord.org/standards/forms/Documents/ ACORDCertificatesFAQ_201004.pdf We understand that it is ACORD's form and they can say whatever they want, but the statement that the number of days of written notice can be shown in the "Description of Operations" field conflicts with ACORD's own Forms Instruction Guide which says that field: Description of Operations / Locations / Vehicles As used here, records information necessary to identify the operations, locations and vehicles for which the certificate was issued. As you can see, ACORD's own instruction guide says nothing about © Copyright Be aware that using a certificate or other form in an attempt to vary policy terms presents legal risks, including violation of insurance regulatory requirements, and should not be engaged in without prior consultation with insurance carriers, policies and legal counsel. In this notice language, ACORD says that the number of days can be show verbatim on the certificate. Our problem with that is implied by the "Be aware" sentence...you are always in danger of violating insurance regulatory requirements when you start excerpting policy language out of context onto a certificate. Some cancellation Independent Insurance Agents and Brokers of Arizona, Inc.’s News & Views Page 28 September / October 2011 Edition endorsements are two pages long and notice of cancellation invariably hinges on WHO requests cancellation (insured or insurer) and for what reason (nonpayment or otherwise). How can you show "30 days" verbatim on a certificate and not effectively be altering what the policy calls for? A certificate should be used to provide basic information about policy forms and limits. It should not be used to paraphrase or condense (even if verbatim) policy coverages, terms and conditions. Doing so may violate many state laws, regulations and DOI directives and is almost certainly asking for an E&O claim based on allegations of misrepresentation or fraud. Since this can mean, for agents, loss of Given the rise in certificate litigation in the past few years, we believe license, five-figure fines, and even prison time, it’s dangerous to that agents open themselves up to claims of misrepresentation if all suggest that this is a permissible activity. of the terms of a policy form related to cancellation are not clearly expressed. The only way to ensure that the certificate holder is Article courtesy of Big “I” Virtual aware of all of the conditions of cancellation is to provide a copy of University’s “Ask An Expert” column. the cancellation endorsement. Keep in mind too that certificates are often issued for CGL, auto, workers comp, and umbrella policies and the cancellation provisions can and do vary significantly, on a statutory and contractual basis, on each policy. There is simply no way you can put some kind of abbreviated cancellation statement on Author: Bill Wilson—Director, Big "I" a certificate and not misrepresent the full impact of cancellation Virtual University at Independent notice clauses or endorsements. Insurance Agents & Brokers of America Jump start your commercial auto sales by finding out more about how you can leverage the Travelers Commercial auto product. Join us on September 28th at 10:00 a.m. to 10:30 a.m. Arizona time for a learn and chat with Travelers underwriter Claire May and our own Tom Spires. Register at https://www1.gotomeeting.com/register/231480680 The American Association of Insurance Management Consultants (AAIMCO) is proud to announce the publication of “The Standards & Guidelines for Appraising Insurance Agencies / Brokerages.” This publication, three years in development, responds to the crying need for a standard of valuation for the retail and wholesale agency and brokerage community in the United States and Canada. For generations, insurance businesses have been generally valued by the WAG (widely accepted guess) system— somewhere between a buyer’s and seller’s hope and expectation of value, with no better basis than having heard that a range of measurement (commission, revenue, earnings, EBITDA) has been used historically to determine value. Of course the experienced appraisers of insurance agencies and the most intelligent buyers follow a different and more reliable course in establishing a value, estimating the future earnings potential of the agency being valued under the circumstances of the valuation. Then, for the convenience and comfort of the agents being valued, they converted the projected earnings potential into whichever multiple was acceptable to the agent. The value, nonetheless, was the real value of the projected earnings of the agency in question under the specific condition of the valuation. © Copyright The consultants to AAIMCO, some of the most experienced appraisers, experts and consultants working in the industry, defined the “The Standards & Guidelines for Appraising Insurance Agencies / Brokerages,” combining all of their experience and expertise, in order to provide guidance for agents, for courts and for future valuers regarding the proper methods for ascertaining agency value. Several Big “I” University experts were involved in the process. There is no magic number, no quick multiple that can take into account all the vagaries and differences among the tens of thousands of agencies in the U.S. and brokerages in Canada. But each one of them analyzed properly can be assigned a value based on their reason for valuation. By perusing and using the Standards of Valuation, anyone may understand why the same agency may have different values under different circumstances to the same appraiser and, certainly, different values to different individuals based on the circumstances of each buyer or appraiser. Big “I” members may login to the Big “I” Virtual University’s website and download their copy of “The Standards & Guidelines for Appraising Insurance Agencies / Brokerages” at any time at http://www.iiaba.net/vu Independent Insurance Agents and Brokers of Arizona, Inc.’s News & Views Page 29 September / October 2011 Edition The only thing harder than delivering excellent customer service consistently is motivating someone else to deliver excellent customer service consistently. Customers are more demanding than ever. Professionals are more difficult to hire and retain than ever. Splitting an atom might be easier than rallying an entire organization to Wow customers. Yet, some organizations succeed. Four motivation strategies can help your organization succeed too…one professional at a time. Get Excited Ironically, as managers the first professional to motivate is ourselves. If we lack motivation, employees will lack motivation. Motivation occurs from the inside out. If we want to motivate someone, we have to communicate to their inside. Emotions communicate on a deep level from inside to inside. This is why one bad apple spoils the bunch. It’s also why one excited manager can mobilize a team to move mountains. Dig Deep Feigning excitement is impossible because people’s insides come equipped with an infallible phony-detection system that is always on and has an amazing range of reception. Are you genuinely excited about the work your team produces? Whether we manage rocket scientists or the custodial staff, we need to fall in love with our team’s contribution. A rah-rah attitude at the staff meeting, ho-hum attitude everywhere else will quickly be discovered. Hire Motivated Professionals It’s easier to hire motivated professionals than it is to motivate professionals. Experts assert, “Hire smart or manage tough.” A COO of a healthcare organization I worked with declared, “We only hire people with “It”, where “It” is a pathological disease to want to serve people.” Do you believe that professionals exist who would revel in the kind of work your team produces? The answer is…they do exist. However, if we are not excited about the work our team produces, we will never attract and hire people who are excited to do it because like attracts like and birds of a feather flock together. Consider that Disney esteems cleanliness. They hire only street sweepers and house cleaners who delight in cleaning. Result: Disney parks and resorts are immaculate. and we assure attention to the highest priorities. Measurements motivate employees for different reasons. Some employees are very competitive and thrive on distinguishing their performance from others’. Some are very competitive and thrive on distinguishing their own future performance from their past. In other words, they compete with themselves. And some employees are not competitive at all. They are very dutiful and focus their energy on whatever is highlighted for them. Institute Profit Sharing Tie the measurement to a reward. An adage predicts, “What gets rewarded gets repeated.” Robert Bosch- German Inventor, Industrialist (1861-1942) stated, “I don’t pay good wages because I make a lot of money. I make a lot of money because I pay good wages.” If you want to motivate employees even more, reward the results you reap from measuring. Sales professionals receive commissions based on their measured results: sales and sometimes repeat business or renewals. What about everyone else? A manager of a printing company told me that he measures wasted paper. He sets a goal for “waste”. If the production employees meet or exceed the goal by producing less waste, the company splits the profits with them. My auto service center informed me that their sales, service, and auto body departments administer customer satisfaction surveys to every customer. If, together, they hit or exceed a certain predetermined satisfaction rating, they all receive enhanced benefits and bonuses from corporate. Rewards add precision to measurement inspired motivation. If we want salespeople to simply make sales, we emphasize the first sales commission. If we want salespeople to create relationships and long-term accounts, we emphasize the backend commission. By rewarding team measurements, we can influence internal customer service in addition to individual service efforts. Summary To motivate employees, be an exemplar. Being an exemplar will enable you to attract and hire highly motivated employees. Focus employees’ energy through measurement and reward strategies. Then…listen for the “Wows” to start coming in. Measure Are you keeping score? How long does it take, when two people are hitting tennis balls back and forth, for one of them to suggest playing a real game? What happens to the level of play as soon as the game begins? Is your department perpetually warming up, hitting balls around? Or are you playing for real? Author: Mary Sandro—Founder of Professional Edge, which helps Measure something, but make it relevant to your employees, your organizations improve their customer service, professional skills, and customers, and your bottom line. Measuring performance biases hiring accuracy. employees’ energy like a highlighter biases the eye on a written page. Highlight too much and we overwhelm. Highlight the essential nuggets Article provided by IIABA Virtual University “Ask an Expert.” © Copyright Independent Insurance Agents and Brokers of Arizona, Inc.’s News & Views Page 30 September / October 2011 Edition The 77th Annual IIAB of Arizona Convention took place on August 25th at the shimmering Glendale Renaissance, next to University of Phoenix Stadium. Our annual golf scramble followed just after the crack of dawn the next morning at the Wigwam Resort in Litchfield Park. Despite the record-breaking triple digit temperatures, we had a tremendous turnout. If you participated in the tournament, or know someone who did, please feel free to visit the Independent Insurance Agents and Brokers of Arizona’s Facebook page at: https://www.facebook.com/media/set/? set=a.279658742044163.82894.138165509526821. The Association in conjunction with our many outstanding sponsors awarded a number of prizes at the luncheon which followed the golf scramble. On top of the array of raffle prizes, there was also some cash awards based on performance on the links. The group that came in third place with a team score of 58 led by Greg Boots, Grant Parsons, and Todd Hassell. Second place with 56 went to Wayne Syrek, Brian Ricks, Jason Palmer, and Robert Hill. For the second year in a row, first place went to the foursome steered by Michael Maharaj, and Matthew Zink. Their foursome, 10A, also included Jim Bogus and Dave Kohler. They shot a collective 55, and took home the top cash award. Reported by: Ray Garcia, CISR—IIABAZ Education Coordinator © Copyright Independent Insurance Agents and Brokers of Arizona, Inc.’s News & Views Page 31 September / October 2011 Edition The Premier Property and Casualty Trade Association INDEPENDENT INSURANCE AGENTS AND BROKERS OF ARIZONA, INC. 333 East Flower Street Phoenix, Arizona 85012 Phone: 602-956-1851 Toll: 800-627-3356 Fax: 602-468-1392 Email: info@iiabaz.com We’re on the Web www.iiabaz.com Independent Agents and Brokers of Arizona 2828 North 36th Street Phoenix, Arizona 85008 Affix Mailing label here © Copyright Independent Insurance Agents and Brokers of Arizona, Inc.’s News & Views Page 32 September / October 2011 Edition
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